A recent thread about the Dallas Museum of Art brought to my attention a tricky situation regarding political subdivisions and concealed carry. Although 30.06 notices posted by political subdivisions cannot be enforced against CHL holders, nothing in the law stops local governments from denying concealed carry in other ways.
In the DMA example, a museum goer and his lady were greeted at the door with a requirement to be searched before entering. No 30.06 notice was visible. While a security guard searched the lady's purse, another patted down the CHL, and reacted poorly to finding a certain bumpy item around the waist band.
Without acknowledging what the "bumpy item" was, the CHL was told that no weapons were allowed.
Under current law, it is still legal under PC 30.05 for a political subdivision to deny concealed carry in a circumstance like this.
Under the Texas Constitution, only the Legislature has the authority to regulate the wearing of arms. The 2007 Lege needs to clarify this, making it illegal (with penalties) for any political subdivision to restrict legal concealed carry beyond the restrictions found in state law.
Kevin
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- by KBCraig
- Mon Dec 04, 2006 1:58 am
- Forum: Goals for 2007
- Topic: Clarifying preemption
- Replies: 3
- Views: 6860
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